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Posted by: Tanja Trezise on Feb 25, 2013

Court: TN Court of Criminal Appeals

Attorneys 1:

Tina L. Sloan (on appeal) and William C. Jones (at hearing), LaFollette, Tennessee, for the appellant, Kevin C. Potter.

Attorneys 2:

Robert E. Cooper, Jr., Attorney General and Reporter; Clark B. Thornton, Assistant Attorney General; Lori Phillips-Jones, District Attorney General; and Michael Ripley and Leif Jeffers, Assistant District Attorneys General, for the appellee, State of Tennessee.


The Criminal Court for Campbell County sentenced the Defendant, Kevin C. Potter, to fifteen years of probation for multiple offenses that occurred between 2009 and 2011. In late 2011, the Defendant’s probation officer filed an affidavit seeking a probation violation warrant for the Defendant’s arrest. After a hearing, the trial court revoked the Defendant’s probation and ordered that he serve his sentence in confinement. On appeal, the Defendant contends he was denied a fair hearing on the probation violation warrant and that the trial court erred because it failed to make specific findings of fact. The State agrees, and it asks us to reverse the case and remand it to the trial court for an order containing specific factual findings based upon the proof adduced at the revocation hearing. After a thorough review of the record and applicable authorities, we agree with the parties. We, therefore, reverse the judgment of the trial court and remand for entry of an order that sets forth specific factual findings for the revocation of probation.